Appointment; qualifications; term.

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64-101. Appointment; qualifications; term.

(1) The Secretary of State may appoint and commission such number of persons to the office of notary public as he or she deems necessary.

(2) There shall be one class of such appointments which shall be valid in the entire state and referred to as general notaries public.

(3) The term effective date, as used with reference to a commission of a notary public, shall mean the date of the commission unless the commission states when it goes into effect, in which event that date shall be the effective date.

(4) A general commission may refer to the office as notary public and shall contain a provision showing that the person therein named is authorized to act as a notary public anywhere within the State of Nebraska or, in lieu thereof, may contain the word general or refer to the office as general notary public.

(5) No person shall be appointed a notary public unless he or she has taken and passed a written examination on the duties and obligations of a notary public as provided in section 64-101.01.

(6) No appointment shall be made if such applicant has been convicted of (a) a felony or (b) a crime involving fraud or dishonesty within the previous five years.

(7) No appointment shall be made until such applicant has attained the age of nineteen years nor unless such applicant certifies to the Secretary of State under oath that he or she has carefully read and understands the laws relating to the duties of notaries public and will, if commissioned, faithfully discharge the duties pertaining to the office and keep records according to law.

(8) No person shall be appointed a notary public unless he or she resides in the State of Nebraska, except that the Secretary of State may appoint and commission a person as a notary public who resides in a state that borders the State of Nebraska if such person is employed in or has a regular place of work or business in this state and the Secretary of State has obtained evidence of an address of the physical location of such employment or place of work or business prior to such appointment and commission.

(9) Each person appointed a notary public shall hold office for a term of four years from the effective date of his or her commission unless sooner removed.

Source

  • Laws 1869, § 1, p. 20;
  • G.S.1873, p. 493;
  • Laws 1883, c. 58, § 1, p. 248;
  • R.S.1913, § 5517;
  • Laws 1919, c. 123, § 1, p. 293;
  • Laws 1921, c. 99, § 2, p. 365;
  • C.S.1922, § 4813;
  • C.S.1929, § 64-101;
  • Laws 1943, c. 136, § 1, p. 467;
  • R.S.1943, § 64-101;
  • Laws 1945, c. 145, § 1, p. 487;
  • Laws 1951, c. 205, § 1, p. 763;
  • Laws 1967, c. 396, § 2, p. 1241;
  • Laws 1971, LB 88, § 1;
  • Laws 1976, LB 622, § 1;
  • Laws 2004, LB 315, § 2;
  • Laws 2012, LB398, § 2.

Annotations

  • The Governor is authorized to appoint such number of persons to the office of notary public as he shall deem necessary. Cohn v. Butterfield, 89 Neb. 849, 132 N.W. 400 (1911).


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